The award of March 15, 2018 of the General Court of the European Union dismisses the action brought by the Spanish company La Mafia Franchises SL against the European Union Intellectual Property Office (EUIPO) and the Italian Republic and confirms the EUIPO’s decision concerning the invalidity of the registration of the trademark “La Mafia se sienta a la mesa.”
THE APPLICATION OF THE PRINCIPLE OF EQUALITY IN COMPETITIVE BIDDING DOES NOT ENTAIL THE RECOGNITION OF THE SAME POINTS TO ORIGINAL SPARE PARTS AND NON ORIGINAL (OR COMPATIBLE) SPARE PARTS
With a recent award (Cons. Stato, sez. III, 11/09/2017, n. 4275), the Italian Council of State established that in competitive bidding, the technical score assigned to non-original spare parts may be legitimately lower compared to the technical score assigned to original spare parts.
The Italian Supreme Court has confirmed (Order n.21550 of September 18, 2017) that the provision of an arbitration clause, conferring jurisdiction on an (domestic or international) arbitral tribunal to decide over disputes concerning the interpretation and application of an agreement, does not prevent the creditor from resorting to the Italian Court to obtain an order for payment against the debtor.
CONTRACTS EXECUTED BY ELECTRONIC MEANS AND THE VALIDITY OF THE JURISDICTION CLAUSE. DEVELOPMENTS IN THE ITALIAN SUPREME COURT CASE LAW
The Italian Supreme Court has confirmed that a clause conferring exclusive jurisdiction contained in the general terms and condition of a contract, concluded by electronic means, satisfies the requirements provided for by article 23 (2) of Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, in case such general conditions are accepted by ‘click-wrapping’.